ABOO BACKER ASMATH Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner herein challenges the impugned order of detention, dated 03. 04. 2006, detaining him under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) HEARD Mr. S. Palani Kumar, learned counsel for the petitioner; Mr. M. Babu Muthu Meeran, learned Additional Public Prosecutor for R-1 and R-3; and Mr. P. Kumaresan, learned Additional Central Government Standing Counsel for R-2.

(3.) THOUGH several contentions have been raised questioning the detention order, Mr. Palani Kumar, learned counsel for the petitioner, at the foremost, submitted that failure to place the sanction order and the criminal complaint before the Advisory Board and the Confirming Authority is fatal to the detention order. Elaborating the above contention, it is submitted that the sanction order and the criminal complaint, being vital documents; and, inasmuch as the initiation of criminal and adjudication proceedings was taken into consideration by the Detaining Authority while passing the detention order and the same having been referred to in the grounds of detention; both the documents must have been placed before the Advisory Board and the Confirming Authority prior to the passing of the confirmation order. According to the counsel, non-placing of those vital materials before the Advisory Board and the Confirming Authority vitiates the continued detention.